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What is a Notary Public
A Queensland Notary (also referred to as a Notary Public) is a practicing Solicitor appointed by an English Archbishop, given the power to sign and witness documents for use within Australia or for use internationally. To become a Notary, one must be a practicing Solicitor of 10 years and complete a comprehensive application process. A Justice of Peace (JP) can witness documents such as statutory declarations, affidavits and certify original documents for use within Australia. Notary’s provide similar services to a JP but can also authenticate documents intended for use overseas.
The Notary Public will fix a unique official seal and their stamp on relevant documents. A notary public signature can be endorsed by the Department of Foreign Affairs and Trade also known as DFAT. This document can then be submitted to other foreign embassies for further legalisation as required or can be sent directly overseas. In various instances, for a document to be accepted internationally it must be legalised/formally proved to be genuine. Most countries require documents witnessed or certified by a Notary Public prior to the documents being valid and used overseas. Under the Hague Apostille Convention, the office of the seal of a Notary Public is recognised internationally.
A Notary also possesses the power to oversee oaths of an individual who signs a legal document, ensuring that they were genuinely under oath during the process. Notaries also execute various international administrative tasks and have the capability to officially confirm the identities of the signatories to a degree acceptable by the Courts. This confirmation validates the accuracy of statements and gives them legal enforceability.
Responsibilities and Functions of a Notary Public
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